(a) Authority: This rule is promulgated pursuant to the Wyoming Environmental Quality Act, Wyoming Statutes (W.S.) 35-11-101 through 35-11-2004, specifically W.S. W.S. 35-11-306 and W.S. 35-11-307.
(b) Applicability. This chapter governs all commercial oil field waste disposal facilities that are required to demonstrate financial assurance under W.S. W.S. 35-11-306, and all new and existing commercial waste treatment, storage and disposal facilities used for the management of more than ten (10) tons of dried wastewater treatment sludges or the equivalent per operating day, that are required to demonstrate financial assurance under W.S. 35-11-307. This chapter does not apply to publicly owned facilities or facilities that receive non-domestic sludges.
(c) Objective: The objective of these rules and regulations is to provide financial assurance for the purposes specified in W.S. 35-11-306(d), and W.S. W.S. 35-11-307(c).
(d) Severability: If any section or provision of this chapter, or the application of that section or provision to any person, situation, or circumstance is adjudged invalid for any reason, the adjudication does not affect any other section or provision of these regulations or the application of the adjudicated section or provision to any other person, situation, or circumstance. The Environmental Quality Council declares that it would have adopted the valid portions and application of this chapter without the invalid part, and to this end the provisions of this chapter are declared to be severable.
(e) Definitions: The following definitions supplement those contained in W. S. 35-11-103 of the Wyoming Environmental Quality Act: - (i) "Closed facility" means a regulated facility at which operations have been properly terminated in accord with an approved facility closure plan on file with the Water Quality Division and complying with all applicable regulations and requirements concerning its stabilization.
- (ii) "Closure" means the act of securing and stabilizing a regulated facility pursuant to the requirements of these regulations.
- (iii) "Collateral" means the actual or constructive deposit, as appropriate, with the Department of one (1) or more of the following kinds of property to support a self-bond:
- (A) A perfected, first-lien security interest in real property located within the State of Wyoming, in favor of the Wyoming Department of Environmental Quality that meets the requirements of this chapter.
- (B) Securities backed by the full faith and credit of the United States government or state government securities acceptable to the Department. These securities must be endorsed to the order of, and placed in the possession of the Department.
- (C) Personal property located within the state, owned by the operator, that in market value exceeds $1 million per property unit.
- (iv) "Comparative balance sheet" means item amounts from a number of the operator's successive yearly balance sheets arranged side by side in a single statement.
- (v) "Comparative income statement" means an operator's income statement amounts for a number of successive yearly periods arranged side by side in a single statement.
- (vi) "Corrective action" means all actions necessary to eliminate the public health threat or environmental threat from a release to the environment of pollutants from an operating or closed regulated facility and to restore the environmental conditions as required.
- (vii) "Cost-effective" means the selection of alternative responses taking into account total short-term and long-term costs of those responses including the costs of operation and maintenance for the entire activity, the presence of naturally occurring hazardous or toxic substances and current or potential uses of the natural resources impacted, as determined by the Department.
- (viii) "Current assets" means cash and assets that are reasonably expected to be realized in cash or sold or consumed within one (1) year or within the normal identified operating cycle of the business.
- (ix) "Current liabilities" means debts or other obligations that must be paid or liquidated within one (1) year or within the normal identified operating cycle of the business. This shall also include dividends payable on preferred stock within one (1) quarter if declared, or one (1) year if a pattern of declaring dividends each quarter is apparent from the business' past practices.
- (x) "Fixed assets" means plants and equipment.
- (xi) "Liabilities" means obligations to transfer assets or provide services to other entities in the future as a result of past transactions.
- (xii) "Monitoring" means all procedures and techniques used to systematically collect, analyze and inspect data on operational parameters of the facility or on the quality of the air, ground water, surface water, and soil.
- (xiii) "Net worth" means total assets minus total liabilities and is equivalent to owners' equity.
- (xiv) "Operator" means that person responsible for the proper design, operation, and maintenance, closure, and post-closure care of a regulated facility. The "operator" means the permit holder. For commercial oil field waste disposal facilities and commercial wastewater sludge treatment, storage and disposal facilities permitted by the Water Quality Division, the permit holder must also be the owner of the facility in accordance with Wyoming Water Quality Rules and Regulations, Chapter 3, Section 12(b).
- (xv) "Parent corporation" means a United States corporation that owns or controls the applicant.
- (xvi) "Regulated facility" includes commercial sludge facilities and commercial oil field waste disposal facilities as specified in Section 1(b) of this chapter.
- (xvii) "Release" includes, but is not limited to, any spilling, leaking, pumping, pouring, emptying, emitting, discharging, dumping, addition, escaping, leaching, or unauthorized disposal of any oil or hazardous substance that enters, or threatens to enter, Waters of the State.
- (xviii) "Self-bond" means an indemnity agreement in a sum certain executed by the permittee and/or the parent company or federal agency guarantor and made payable to the State, with or without separate surety.
- (xix) "Tangible net worth" means net worth minus intangibles such as goodwill, patents or royalties.
020-14 Wyo. Code R. § 14-1